Sponsored by House Speaker Shannon and Senate President Bingman, and signed into law in a 2013 special session by Gov. Fallin, SB1X states that plaintiffs filing negligence claims must first prove merit in a signed affidavit (“affidavits of merit”) before a lawsuit may proceed in court. Any civil action for negligence that is not filed with the affidavit being attached to the petition will be dismissed without prejudice, upon motion of the defendant, by the court.

Sponsored by Sen. Jack Johnson and Rep. Vance Dennis, and signed into law by Gov. Haslam, HB3124/SB2638 (Public Ch. No.1046) requires the court in a civil case, on a trial court’s granting of a motion to dismiss for failure to state a claim upon which relief may be granted, to award costs and reasonable and necessary attorney’s fees incurred in the proceedings as a consequence of the dismissed claims to the party against whom the dismissed claims were pending. According to the new law, a judge in a civil case must assess the litigation costs to a party who successfully seeks dismissal of a claim that does not have a basis in fact or law (a frivolous lawsuit). Recoverable costs include reasonable and necessary attorney fees and are capped at $10,000.

Authored by Rep. Brandon Creighton and signed into law by Gov. Rick Perry, HB274 amends the Civil Practice and Remedies Code to require a court that hears a civil proceeding, on a motion to dismiss, to award costs and reasonable and necessary attorney’s fees to the prevailing party, except in specified actions. Parties who lose a motion to dismiss must pay the other sides’ court costs and attorneys’ fees.